Testimonial Exclusions and Religious Freedom in Early America

2019 ◽  
Vol 37 (2) ◽  
pp. 431-492
Author(s):  
Jud Campbell
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Minority Groups ◽  
The United States ◽  
Early America ◽  
Foundational Principle ◽  
Legal Challenges ◽  
Evidence Rules ◽  
American Law ◽  
Fact Finding

In the late eighteenth century, American law treated oath-taking as an invocation of divine vengeance for sworn falsehoods. Prospective witnesses who did not believe in God or hell were not allowed to testify. But this strict evidentiary rule survived only a few more decades. Gradually at first, and then with growing speed, the theological underpinnings of oath-taking eroded across the United States in the early nineteenth century. The story of this transition, only vaguely appreciated in the current literature, illuminates and weaves together several important strands of nineteenth-century social and legal history. The common-law rule, it turns out, came into escalating conflict with American religion, particularly after a liberal offshoot of Calvinism began rejecting the existence of hell. By prevailing founding-era standards, being unable to testify did not impede or punish the exercise of religion, allowing the rule to survive an initial volley of legal challenges. But as reform efforts mounted, a neutrality-based view of religious liberty and an egalitarian conception of civil privileges began to supplant the earlier constitutional settlement. By the mid-nineteenth century, evidence rules throughout the United States no longer required belief in hell, and almost half of the states allowed atheists to testify. This transition also prompted the first widespread rethinking of American evidence law, shifting its foundational principle from reliance on the inviolability of oaths to confidence in the jury's fact-finding capacity, and laying the groundwork for further liberalization in the 1850s and 1860s that allowed testimony from black witnesses and from interested parties. Moreover, the controversy about religion-based exclusions led to a new understanding that barring testimony from particular minority groups effectively denied those groups the protection of the law.

The Early Republic, 1790s–1870s

2018 ◽  
pp. 120-163
Author(s):  
John B. Nann ◽  
Morris L. Cohen
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Early Republic ◽  
The United States ◽  
Court Decisions ◽  
Sources Of Information ◽  
New States ◽  
American Law ◽  
Case Files ◽  
English Law

This chapter looks at sources of information about American law during the 1790s–1870s. To “create” a body of law, most states passed “reception statutes,” which generally allowed English law as of a certain date to be considered a part of the state's laws. Even with the reception statutes, however, not a lot of law was yet made in many of the states or in the United States as a whole. Therefore, for several decades, U.S. court decisions continued to rely on English law. In considering nineteenth-century sources, a researcher should keep in mind that legal publishing was not very advanced, even in the largest of the new states. As the court systems developed, a system for case reporting took shape but remained a nongovernmental activity until into the nineteenth century. Other sources of information include case files, court journals, court dockets, session law publications, and private laws.

Thinking About Scots Law

1996 ◽  
Vol 1 (1) ◽  
pp. 3-24 ◽  
Author(s):  
Alan Rodger
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
British Empire ◽  
United States Of America ◽  
Case Law ◽  
The United States ◽  
Memorial Lecture ◽  
University Of Edinburgh ◽  
The University

This article is the revised text of the first W A Wilson Memorial Lecture, given in the Playfair Library, Old College, in the University of Edinburgh, on 17 May 1995. It considers various visions of Scots law as a whole, arguing that it is now a system based as much upon case law and precedent as upon principle, and that its departure from the Civilian tradition in the nineteenth century was part of a general European trend. An additional factor shaping the attitudes of Scots lawyers from the later nineteenth century on was a tendency to see themselves as part of a larger Englishspeaking family of lawyers within the British Empire and the United States of America.

‘A Routh O’ Auld Nick-Nackets’ – the antiquarian collection of John Rae

2015 ◽  
Vol 36-37 (1) ◽  
pp. 163-183
Author(s):  
Paul Taylor
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Social Context ◽  
Moral Education ◽  
The United States ◽  
Representative Case ◽  
National Museums ◽  
The Individual ◽  
The University

John Rae, a Scottish antiquarian collector and spirit merchant, played a highly prominent role in the local natural history societies and exhibitions of nineteenth-century Aberdeen. While he modestly described his collection of archaeological lithics and other artefacts, principally drawn from Aberdeenshire but including some items from as far afield as the United States, as a mere ‘routh o’ auld nick-nackets' (abundance of old knick-knacks), a contemporary singled it out as ‘the best known in private hands' (Daily Free Press 4/5/91). After Rae's death, Glasgow Museums, National Museums Scotland, the University of Aberdeen Museum and the Pitt Rivers Museum in Oxford, as well as numerous individual private collectors, purchased items from the collection. Making use of historical and archive materials to explore the individual biography of Rae and his collection, this article examines how Rae's collecting and other antiquarian activities represent and mirror wider developments in both the ‘amateur’ antiquarianism carried out by Rae and his fellow collectors for reasons of self-improvement and moral education, and the ‘professional’ antiquarianism of the museums which purchased his artefacts. Considered in its wider nineteenth-century context, this is a representative case study of the early development of archaeology in the wider intellectual, scientific and social context of the era.

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

A HISTORICAL PERSPECTIVE ON THE AUDITOR'S ROLE: THE EARLY EXPERlENCE OF THE AMERICAN RAILROADS

1983 ◽  
Vol 10 (1) ◽  
pp. 69-86 ◽  
Author(s):  
James L. Boockholdt
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Internal Control ◽  
Historical Perspective ◽  
The United States ◽  
Advisory Services ◽  
Audit Independence ◽  
Inherent Part

The paper explores the origins of the auditing profession in the United States. It is suggested that the development of the audit function in this country can be traced to reporting by internal and shareholder auditors in the American railroads during the middle of the nineteenth century. Evidence is presented that a recognition of the need for audit independence existed, and that the provision of advisory services and reports on internal control by American auditors have been an inherent part of the auditor's role from that time.

An Overview of the History of Religious Life in the United States

2018 ◽  
Author(s):  
Patricia Wittberg ◽  
Thomas P. Gaunt
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Religious Life ◽  
The United States ◽  
Religious Order ◽  
Religious Institutes ◽  
History Of ◽  
Socioeconomic Composition

This chapter briefly describes the history of religious institutes in the United States. It first covers the demographics—the overall numbers and the ethnic and socioeconomic composition—of the various institutes during the nineteenth century. It next discusses the types of ministries the sisters, brothers, and religious order priests engaged in, and the sources of vocations to their institutes. The second section covers changes in religious institutes after 1950, covering the factors which contributed to the changes as well as their impact on the institutes themselves and the larger Church. The chapter concludes with a brief overview of the subsequent chapters.

The Empire of Disgust

2018 ◽  
Keyword(s):  
United States ◽  
Drinking Water ◽  
Sexual Orientation ◽  
Change Point ◽  
Minority Groups ◽  
The United States ◽  
Political Life ◽  
Swimming Pools ◽  
Economic Class ◽  
Group Resistance

All known societies exclude and stigmatize one or more minority groups. Frequently these exclusions are underwritten with a rhetoric of disgust: people of a certain group, it is alleged, are filthy, hyper-animal, or not fit to share such facilities as drinking water, food, and public swimming pools with the ‘clean’ and ‘fully human’ majority. But exclusions vary in their scope and also in the specific disgust-ideologies underlying them. In this volume, interdisciplinary scholars from the United States and India present a detailed comparative study of the varieties of prejudice and stigma that pervade contemporary social and political life: prejudice along the axes of caste, race, gender, age, sexual orientation, transgender, disability, religion, and economic class. In examining these forms of stigma and their intersections, the authors present theoretically pluralistic and empirically sensitive accounts that both explain group-based stigma and suggest ways forward. These forward-looking remedies, including group resistance to subordination as well as institutional and legal change, point the way towards a public culture that is informed by our diverse histories of discrimination and therefore equipped to eliminate stigma in all of its multifaceted forms.

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